Abstract:The grand vision as the outcome of legalization of public interest litigation is not becoming a visible reality in the judicial practice, and the provisions of public interest litigation are basically dormant. The main reason is that legislators who adopted reform path and interest-oriented mechanism of pragmatism and progressive utilitarianism, and strictly restricted the subjects of public interest litigation. As a result, many subjects were excluded from the public interest litigation, the coordinated right chain of action in public interest litigation was split and public interest litigation couldn’t perform multiple functions. In the institutionalization or re-institutionalization of public interest litigation, we should treat right generation and overall justice as the basic function-oriented guidelines for the elaborate and long-term development, appropriately open the channels to public interest litigation, construct multiple and complementary plaintiffs system of the executive, prosecutors, social organizations and individual citizens, and seek a reasonable and pragmatic paths of subject expansion within the existing legal framework.
唐玉富. 公益诉讼原告主体范围之扩张[J]. 浙江工商大学学报, 2015, (2): 66-74.
TANG Yufu. Expansion of Plaintiff of the Public Interest Litigation. Journal of Zhejing Gongshang University, 2015, (2): 66-74.